Allegations of medical negligence have been raised against a healthcare provider and its affiliated surgeon following the death of a patient after lung cancer surgery. The complaint, filed by Shannon Staton, administrator of the Estate of Pauline Marie Crestani (also known as Paula Stork), was submitted on April 6, 2026, in the United States District Court for the Western District of North Carolina. The defendants named are Rajat Kumar, MD; Novant Health Medical Group, LLC; and Novant Health, Inc.
According to court documents, Shannon Staton is the daughter and sole beneficiary of Ms. Stork’s estate. The lawsuit claims that Dr. Rajat Kumar, a thoracic surgeon employed by Novant Health Medical Group and affiliated with Novant Health Presbyterian Medical Center in Charlotte, performed a series of procedures on Ms. Stork after she was diagnosed with early-stage non-small cell lung cancer in June 2023.
The complaint outlines that Ms. Stork underwent a biopsy on October 30, 2024, which confirmed stage 1A2 adenocarcinoma—a form of slow-growing lung cancer with an estimated five-year survival rate between 80% and 85% if treated promptly. Following this diagnosis, Dr. Kumar recommended and performed a lobectomy with mediastinal lymph node dissection on December 13, 2024.
After surgery, Ms. Stork reportedly developed chylothorax—a buildup of lymphatic fluid in her chest—believed to be caused by surgical damage to her lymphatic system. On December 17, Dr. Kumar informed Ms. Stork and her family that he believed he had “nicked her lymphatic system” during surgery and proposed further intervention to seal it.
Subsequent attempts to treat the leak included an unsuccessful thoracic duct embolization on December 19 and another surgical procedure involving partial decortication and pleurodesis on December 20. Despite these interventions, Ms. Stork experienced persistent symptoms including severe coughing and difficulty breathing.
The filing alleges that during follow-up appointments in January 2025, Dr. Kumar failed to accurately record or respond to Ms. Stork’s complaints about her worsening condition. A chest x-ray on January 21 indicated possible complications but a recommended CT scan was initially delayed until after insistence from Ms. Stork’s daughter.
The CT scan performed on January 25 revealed fluid collection near the trachea but Dr. Kumar allegedly reassured Ms. Stork there was no cause for concern beyond expected post-surgical changes.
Ms. Stork’s symptoms continued to deteriorate leading her to seek emergency care at Novant Health Huntersville Medical Center on January 30 for shortness of breath; she was advised that fluid needed draining from her chest but opted for outpatient scheduling rather than hospital admission at that time.
Fluid drainage did not occur until February 12—two weeks after her emergency room visit—when aspiration revealed chyle consistent with chylothorax previously denied by Dr. Kumar according to the complaint.
On February 13, following further imaging showing increased gas and fluid accumulation near the trachea region as compared to earlier scans, Dr. Kumar requested Ms. Stork check into the hospital where she was admitted for further management including chest tube placement.
Requests for transfer for second opinion led eventually to admission at Duke University Medical Center where advanced imaging identified direct communication between lung tissue and trachea—a significant injury not attributed by plaintiff’s counsel to routine surgical risk or unavoidable complication.
Bronchoscopy at Duke on February 21 discovered a large hole in the trachea with necrotic cartilage present; subsequent surgical repair efforts were ultimately unsuccessful due to complications including lung collapse despite placement of a tracheal stent.
Ms. Stork was transferred to hospice care after aggressive interventions ceased per her wishes; she died March 3, 2025.
The lawsuit asserts two causes of action: wrongful death due to negligence/gross negligence and survival claims based on injuries suffered prior to death allegedly resulting from breaches in standard medical care by Dr. Kumar acting as agent or employee under both Novant Health Medical Group and Novant Health Inc., as well as failures in accurate reporting and timely intervention post-surgery.
The plaintiff seeks compensatory damages covering pain and suffering endured by Ms. Stork before death, funeral expenses, lost income value as well as punitive damages citing willful or wanton conduct described within several subsections of their claim.
Attorneys representing the plaintiff are Andrew R. Hand (NC Bar No. 46082) and Phillip D. Barber (pro hac vice forthcoming) from Richard A Harpootlian P.A., Columbia South Carolina; case number is Case 3:26-cv-00275.
Source: 326cv00275_Staton_v_Kumar_MD_Complaint_Western_District_North_Carolina.pdf
